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 On October 25, 1902, C. A. Johns, a prominent citizen of Baker City, and at one time a candidate for Governor of the State, headed a delegation from Eastern Oregon for the purpose of calling upon Senator Mitchell and protesting against the reserve. Those accompanying Johns upon this occasion were John L. Rand, joint Senator from Raker, Malheur and Harney Counties; J. H. Robbins, a member of the legislature from Raker County, and connected with the First National Rank of Sumpter; N. C. Richards, an attorney of Sumpter; Emil Melzer, of the North Pole mine; Clark Tabor, Mr. Muller and Judge Fassett.

Johns telephoned to Senator Mitchell, making an appointment, and the delegation met him in a reception room of the Hotel Portland. They urged the necessity of having the order creating the reserve revoked, but were informed by the Senator that it would do no good, as the creation of forest reserves was a pet hobby of President Roosevelt. They were likewise told by Senator Mitchell that he had received a petition which he had presented to the General Land Office, asking for the creation of the reserve, and promised to send the delegation a copy of it, but never did.

The order for the withdrawal of the Blue Mountain Forest Reserve from settlement was made by Acting Secretary Ryan on July 23, 1902. Secretary Hitchcock never saw the letter of recommendation written by Commissioner Hermann July 2, 1902, which was introduced in evidence at the trial, and reads as follows:

"Sir: I am in receipt, by reference from the Department, for consideration and appropriate action, of a letter dated June 21, 1902, from the acting director of the Geological Survey, recommending the reservation of lands in Oregon for forest reserve purposes, the said letter being in part as follows:

"2—I recommend that in the Blue Mountains, and the ridges stretching westward therefrom, a reserve be created, extending from southeastern Washington to a point north of Prineville, but broken on the line of the O. R. & N. Company's railroad. This reserve to be known as the Blue Mountain Forest Reserve. The timber consists throughout almost entirely of yellow pine, in an open forest, and its protection will be an aid to the mines in the neighborhood of Baker City, and to agricultural interests in the valley, whose water comes from these mountains."

I now have the honor to transmit a report from Forest Superintendent S. B. Ormsby, recommending the reservation of certain lands in this region, a considerable portion of which have not been so recommended by the Geological Survey. I transmit also two letters from F. P. Mays, of Portland, Or., urging the early temporary withdrawal of the lands proposed to be included within the reserve.

By green shading upon the map, which was submitted by the acting director, I have indicated the additional lands recommended by Superintendent Ormsby for reservation. In view of Superintendent Ormsby's report and the statements contained in Mays' letters, I respectfully recommend that I be directed to make immediate temporary withdrawal of the additional lands covered by Superintendent Ormsby's recommendation, as well as the lands covered by the recommendation of the acting director, and that Superintendent Ormsby's report be forwarded to the Geological Survey for consideration by that bureau with regard to the advisability of permanently reserving the additional lands therein recommended for reservation.Very respectfully, BINGER HERMANN."

According to the testimony of W. Scott Smith, private secretary to Secretary of the Interior Hitchcock, given at the trial of the Blue Mountain case, the advance information that the reserve was about to be established was given out by Commissioner Hermann to the Portland Oregonian correspondent, and did not emenate from the Secretary's office. It developed from the testimony of this witness that Harry Brown, the Oregonian correspondent in Washington, was greatly prejudiced against Secretary Hitchcock, and as a result of a systematic course of misrepresentation concerning Secretary Hitchcock that had been pursued by Brown in connection with his reports to the Oregonian, the correspondent was denied the privilege of the Secretary's office. It was also shown that the news of the withdrawal of the Blue Mountain Reserve lands was wired to the Oregonian on the night of July 22, 1902, the day before the withdrawal was officially made. Brown later admitted on the witness stand that he had secured this advance information from Commissioner Hermann. Page 354